Judge rejects Millbury policeman's bid to get his gun back

WORCESTER — A Central District Court judge Thursday denied a motion from a Millbury patrolman to get his service weapon back.

As a result of being ordered to relinquish the .40-caliber Glock after a one-year restraining order was filed against him by his former girlfriend, the officer is facing the possible loss of his job.

Judge Paul F. Loconto denied the motion of Millbury Police Officer Michael R. Healy Jr., 45, without prejudice, which means he can file the motion again. Officer Healy's lawyer, Brian Burke of Littleton, said he does plan to refile the motion. He said the judge thought it would be more appropriate if the motion is heard in front of Judge Michael L. Fabbri, who granted the one-year restraining order against his client on Feb. 24.

Judge Fabbri granted the abuse prevention order after Officer Healy's former girlfriend, Auburn Police Officer Stephanie Lynn Segur, filed an affidavit saying she was stalked and terrorized by Officer Healy after she broke off a two-year relationship on Jan. 1 and began dating another man at the end of January. Officer Healy was ordered to turn over his service revolver, and to stay away from the Auburn police station and Officer Segur's home. He was ordered to stay at least 100 yards from her.

Officer Healy was initially placed on administrative duty until Feb. 28, when he was placed on administrative leave of absence with pay. He was also notified by Police Chief Kenny A. Howell that termination proceedings will be held by March 10.

The chief also ordered Officer Healy to immediately surrender his police badges, police identification and all department-issued equipment. He is also prohibited from entering the police department unless authorized by the chief, except for areas of the department that are accessible to the public.

Mr. Burke said his client told the court that Chief Howell has agreed to delay the termination proceeding until the end of March to allow time to refile the motion to try to regain his service revolver. He said the delay in filing the motion is because Judge Fabbri is assigned to a court outside of Worcester County and the plaintiff and her lawyer are each going on vacation.

"The file is going to have to be sent to the court where he is so we can have the motion heard before him wherever he's sitting. It's a logistical nightmare right now. But we're very optimistic about it. The plaintiff has expressed that she doesn't want (Officer Healy) to lose his job," Mr. Burke said.

Officer Healy — in his Wednesday affidavit to have the abuse prevention order modified — said not being able to resume carrying his service revolver so he can keep his job "will have a devastating effect on my family and career." He said he has three children, ages 10, 19 and 21, who depend on him for support, including substantial financial assistance for the two oldest, who are in college.

Officer Healy also did not deny the allegations that Officer Segur detailed in her application for the restraining order.

"The behavior that prompted this matter is an aberration of behavior and will not occur again. It was not intended to be threatening in a physical nature but to juvenilely reveal personal things about her that may affect her job and stature in the community. It is not in any way a reflection of the person I truly am or have been my whole life. I am embarrassed and ashamed," Officer Healy wrote.

He was a police officer in Webster, Sudbury and Auburn before being hired in Millbury July 8.

"I have an unblemished personnel record and have never been written up for anything or even given a written or verbal warning in my 16-year career," he wrote.

He also said he does not have a history of violent or aggressive behavior. To illustrate, he said, his first marriage ended after he came home between shifts and found his wife in bed with another man.

"I was in uniform and carrying my firearm at the time. It never entered my mind to draw my firearm. I remained calm and collective … did not create a scene and divorced my wife," Officer Healy wrote in the affidavit.

He said his relationship with his second wife, from whom he is currently separated, is friendly and respectful. He has shared custody of his 10-year-old daughter and is very active in her life, he wrote.

In an emailed statement to the court, Michelle L. Healy said the couple were married in 2001 and separated in June 2012 "due to his infidelity" with Officer Segur.

"During all the time that I have known Michael, he has not acted violently toward me, the children or others. In fact, to my knowledge, Michael has never had a prior violent history," Mrs. Healy wrote.